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Baton Rouge, La., Oct 21, 2019 / 05:10 pm (CNA).- A lawsuit challenging Louisiana’s pro-life legislation will be allowed to continue, but the state is confident that it will prevail after the lower court re-examines whether the plaintiffs have standing to challenge the regulations.
The 5th Circuit’s Court of Appeals declined to dismiss the case altogether, but also stated that those suing the state did not have standing for many of their claims, and that the case never should have been allowed to go forward.
Case - Chief - Judge - Priscilla - Owen
The case was heard by Chief Judge Priscilla Owen, along with Judges Don Willett and Andrew Oldham.
The state was being sued by an abortion clinic and two doctors, who were seeking an injunction blocking “virtually all of Louisiana’s legal framework for regulating abortion.” They argued that even if some of the regulations and provisions were constitutional, the entirety of them as a whole were not.
Panel - Judges - Court - Number - Things
The panel of judges on the court said that a good number of the things the plaintiffs were challenging do not meet the legal standard to actually bring a case to court.
“Plaintiffs challenge a bevy of legal provisions that appear incapable of injuring them,” said the opinion. The plaintiffs stated they were attempting to get an injunction under what they have termed the “cumulative effects” theory.
Plaintiffs - Theory - Louisiana - Laws - Regulations
“The plaintiffs’ theory, as we understand it, is that Louisiana’s various laws and regulations regarding abortion cumulate to an undue burden,” said the opnion. “But before any federal court can analyze the ‘cumulative effects’ of Louisiana’s laws, we must know which laws plaintiffs have standing to challenge. Again, jurisdiction first.”
Among the provisions challenged in the case are regulations concerning the privacy of medical records, a law that forbids abortion facilities from having a name that would make someone think the state is operating the facility, laws that require...
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